CAT/OP/MKD/1
use of psychoactive medication for juveniles and replace the medication with balanced
daily activities.7
56.
Despite relatively decent physical conditions in the wing for juveniles sentenced for
a crime, the Subcommittee remains concerned by the notable differences, at the time of the
visit, in the material conditions of the three rooms in use and notes that the difference in the
quality of those conditions could be subject to and dependant on parental and other outside
support, or perhaps even preferential treatment of some of the juvenile detainees: one room
had recently undergone renovation with laminated flooring and was pleasantly furnished
and decorated with personal belongings, whereas the other two rooms were significantly
more sparse with limited personal touches.
57.
The Subcommittee recommends that the State party allow the possession of
personal effects as a basic element of the right to privacy and essential to the
psychological well-being of juveniles.8
58.
The Subcommittee notes with concern the near complete lack of a social support
system, including family therapy, in the community that is available to juveniles upon
release. A scattered amount of interventions are undertaken in the facility, but are provided
in vain when not followed up in the community.
59.
The Subcommittee recommends that the State party elaborate adequate
strategies on how to most efficiently reintegrate minors into society, with the aim of
preventing recidivism and relapses. In addition, it recommends that the State party
strengthen the services provided to persons in detention to ensure that social
assistance, such as supported living and counselling, is in place and coordinated to
ease the transition of juveniles back into society and to help prevent a return to
detention.
VI. Immigration detention
60.
The Subcommittee observed that owing to the limited number of migrants entering
the State party since March 2016, the Skopje reception centre for foreigners (Gazi Baba),
the temporary transit centre “Vinojug” and the Jesuit Refugee Service “safe house” in
Skopje, were virtually unoccupied when it visited.
61.
The Subcommittee welcomes information that the Law on Foreigners is being
amended to reduce the maximum period of detention of irregular migrants. 9 However, it
notes with concern that despite the fact that the legal ground for detention is generally for
the purposes of establishing identity, migrants were allegedly being detained to ensure their
presence as witnesses at smugglers’ hearings.
62.
The Subcommittee recommends that immigration detention is only applied as a
measure of last resort after it has been determined, on a case-by-case basis, to be
strictly necessary, proportionate, lawful and non-arbitrary, and that it is imposed for
the shortest period of time (see CAT/OP/ITA/1, para. 23 (c)). Detention should be in a
non-prison-like environment, equipped with adequate recreational, physical and
cultural facilities to which migrants have effective access. It recommends that
migrants should not be deprived of their liberty for the purposes of providing
testimonies against suspected criminals.
63.
The Subcommittee welcomes the conditions of the Jesuit Refugee Service safe
house in Skopje, which is an open facility housing vulnerable migrants. Although there
were no complaints of ill-treatment, all the migrants spoken to expressed feelings of
frustration and hopelessness at not knowing how long it would take to have their situations
resolved. That contributes to their often fragile mental health. The Subcommittee is
concerned there is no legal aid or any form of State-run legal assistance available for
migrants, who are overly reliant on civil society for such services. It is also concerned that
7
8
9
See Havana Rules, section IV. H. on medical care.
See Havana Rules, section IV. D on the physical environment and accommodation.
Law on Foreigners, art. 109, paras.1 and 2.
13
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